People v. Shute

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered January 6, 1997, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

Defendant was convicted upon his plea of guilty of the crime of rape in the third degree after he admitted to engaging in sexual intercourse with a 16-year-old female. We reject defendant’s claim that County Court abused its discretion in sentencing him to a prison term of lVs to 4 years because the sentence was more harsh than that recommended by the People who, in exchange for his plea, had agreed to…